A new Financial Remedies Guide 2026 has been issued with the approval of the President of the Family Division. In simple terms, this is important guidance for judges and lawyers dealing with the financial side of divorce and separation.
It does not change the law. However, it does set out how the court expects financial cases to be handled in practice. That means it is likely to influence the way divorce finances are prepared, discussed and decided.
What is a financial remedies case?
A financial remedies case is a court case about how money, property, pensions and other assets should be divided after a marriage or civil partnership ends.
This can include:
- the family home and any other property;
- savings and investments;
- pensions;
- maintenance payments;
- lump sum payments; and
- business interests or debts.
What does the new Guide do?
The new Guide is designed to help financial cases run more smoothly. It encourages everyone involved to focus on the important issues, prepare properly and avoid unnecessary arguments, paperwork and cost.
The court is likely to expect cases to be dealt with in a way that is:
- clear;
- organised;
- fair;
- proportionate; and
- focused on settlement where possible.
Why does this matter?
For many people, disputes about finances on divorce can feel stressful, expensive and slow. The new Guide is intended to support a more practical approach.
That should help in several ways.
- Keeping cases proportionate
Not every case needs endless documents, long lists of questions or multiple experts. The new Guide is likely to encourage a more balanced approach, so that the amount of work done matches the size and complexity of the case.
In straightforward cases, that may help reduce unnecessary expense and delay.
- Better preparation
The court expects both sides to provide proper financial information and to be ready for hearings. The new Guide is likely to reinforce the importance of:
- giving full and accurate financial details;
- identifying the real points in dispute;
- preparing documents properly; and
- complying with court directions on time.
Better preparation can make hearings more effective and improve the chances of reaching an agreement.
- Encouraging settlement
Most financial cases settle without a full trial. The court process already encourages negotiation, especially at the Financial Dispute Resolution hearing, often called the FDR.
The new Guide is likely to support that approach by encouraging both sides to make realistic proposals and engage sensibly in settlement discussions.
What does this mean for separating couples?
The main message is that financial cases should be approached in a practical and honest way.
Full financial disclosure remains essential
Both parties are still expected to provide a complete picture of their finances. That includes income, property, savings, debts and pensions. If one person fails to disclose information properly, that can cause serious problems in the case.
The court will focus on real needs
In many cases, the key questions are straightforward:
- Where will each person live?
- How will day-to-day living costs be met?
- What resources are available?
- How should pensions and other assets be divided fairly?
The court is likely to expect these issues to be addressed clearly and with evidence.
Pensions remain important
Pensions are often one of the largest assets in a marriage, but they are sometimes overlooked. The new Guide is likely to underline the need to consider pensions carefully rather than treating them as a minor issue.
A practical approach does not mean a casual one
Even if a case is relatively modest, the court will still expect proper documents, accurate disclosure and sensible engagement with the process. The aim is not to make cases informal, but to avoid unnecessary complication.
Overall
The Financial Remedies Guide 2026 does not create new legal rights, but it is likely to shape how divorce financial cases are managed in court. Its overall aim appears to be to make cases more efficient, more focused and less burdened by unnecessary cost and paperwork.
Head of Staffordshire Family Law’s Matrimonial Finance Department, Fay Rothery, states: “often people can feel overwhelmed at the number of documents that must be prepared, and approved, and where possible agreed with the other side, before a court hearing takes place. Whilst this might seem cumbersome to the parties involved, the aim is to set the case out clearly for the judge, narrow the issues and focus everyone’s minds on the relevant issues that need to be resolved. A good advocate is a prepared advocate, and so its important for us as solicitors to comply with the guidance that has been issued by the Family Division. It is also our job to set out clearly to our clients what is required of them in court proceedings, to help them navigate through what they often find an unfamiliar and stressful process.”
In steering her clients, Fay’s advice is always “be open about finances, focus on the issues that really matter, and approach the process realistically”
If you are in the process of sorting out the financial issues arising from the breakdown of your marriage, contact us for a confidential, no-obligation discussion. Our Financial Remedy experts will guide you through the process and ensure you comply with the court rules, procedures and orders. Please contact the office on 01785 336617, or by email family@sflsolicitors.co.uk to arrange a free consultation with one of our experience specialist family lawyers.